Reserves Copyright Policy

Concordia University Library Reserves Copyright Policy: Before any item can be placed on reserve, it must pass the fair use policy of the Copyright Act of 1976 (section 107).

Copyright act of 1976, Section 107. Limitations on exclusive rights: Fair Use

"Notwithstanding the provisions of section 106 and 106a, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include--
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors."

What can be placed on reserve?
-If the library owns the source material (journal, book, etc.), an item can be placed on reserve indefinitely. The item must be taken off of reserve at the end of the term but can be put back on reserve for another term at the professor's request. To request an item be put back on reserve, email reserves@csp.edu with your request.
-If a journal article is available in one of the library's databases, a permanent link will be supplied to the article and it will be available through electronic reserves. This may stay on reserve indefinitely.
-Journal articles or chapters from books not owned by the library can be put on reserve for only one semester. They will then be removed and permission will be needed to put them back on reserve for another term.

What cannot be placed on reserve?
-Consumables cannot be placed on reserve. This includes coursepacks and workbooks.

What needs copyright permission?
-Copyright permission will need to be obtained for journal articles and book chapters after their first use. If the library owns the source materials, the article can stay on indefinitely (see above).

Obtaining copyright permission?
-The library will provide information on how to obtain permission, but will not obtain it for the professor. Obtaining permission can take four to six weeks so please plan accordingly.
-Fees related to gaining permission will be paid by either the faculty member or their department.
-Once permission is obtained, proof of copyright permission will be given to the library staff along with the item to be placed on reserve. If the proof of permission is not supplied, the item will not be placed on reserve.
-An individual does not necessarily own the copyright to their own works. Because of this, they can't grant copyright permission ot those works. Copyright permission must be obtained through the proper channels. Proof of the permission will need to accompny the item to go on reserve.